The provisions of this article apply to surrogacy programs arranging or facilitating transactions contemplated by a surrogacy agreement, regardless of whether such agreement ultimately comports with the requirements under part four of article five-C of the family court act if:

1. (a) The surrogacy program does business in New York state; or
2. (b) A person acting as surrogate who is party to a surrogacy agreement resides in New York state at the time the surrogacy agreement is executed.